일수벌금제 도입의 구체적 입법방향

Abstract

This paper emphasizes the introduction of Day-fine system for the realization of substantive equality so that the punishment can achieve the purpose and justification as punishment, and it examines various legislative direction. The introduction of Day-fine system concerning fines, that is to say, to vary the amount of fines depending on the individual's economic situation, has been the greatest dilemma since long ago. As many papers published in the past, and a lot of legislative proposals have been submitted to the National Assembly, and various media reports, we can say that we have been pushing for the introduction of Day-fine system constantly. It was not because We did not want to introduce it because of the real problems, such as difficulties in investigating the individual's economic situation and relations with other acts. Many of the previous studies that have been published in the past have only focused on discussing whether to introduce the day-fine system or only discussing some aspects of legislative direction. However, this paper is characterized by the fact that it has been argued by the major issues that have been questioned about how to introduce concretely on the assumption of introduction. Taking into account the relationships of other laws, and how to introduce fair and reasonable that really? How will the legislation reflects the various problems that have been presented so far? And how to revise specific regulations, etc. I have tried to review the specific legislative direction in this paper comprehensively. The issues mentioned in this paper are (1) overall/partial enforcement of the day-fine system, (2) setting minimum and maximum number of days, (3) establishment of independent sentencing guideline for calculating the number of days or fines, (4) setting range of amount of day-fine, (5) basis for calculating the day-fine, (6) how to investigate the defendant's economic circumstances, (7) Switching to the number of days in the statutory punishment, (8) abolition of minor fine as the penal sanction and, Unification of fines, (9) after settlement of judgment, adjustment of amount of day-fine, (10) resetting fine payment period, (11) fines discount and increase method according to time of payment, etc. The new government of Korea should make comprehensive efforts to find alternatives to the inadequacy of regulations and insufficient parts of the system, and actively try to boldly try them out. So, by introducing day-fine system, the greatest reforms in criminal punishments should be made in Korea.